UDP's Momodou Sabally Rejected Amid Police Brutality Condemnation

Momodou Sabally campaigning for Busumbala Constituency

By Yusef Taylor and Edrissa Jallow, first published on 22nd March 2022

The nomination process for the National Assembly elections scheduled for 9th April 2022 has concluded amid skirmishes between supporters of the United Democratic Party (UDP) and officers of the Police Intervention Unit (PIU).

Although the process officially concluded on 13th March 2022, violence erupted on Thursday, 10th March 2022, at the Independent Electoral Commission's (IEC) West Coast Region Office in Brikama.

The unrest followed the rejection of UDP aspirant Momodou Sabally’s nomination by the IEC’s Regional Returning Officer, Mr Anthony Secka. According to a letter from the Commission regarding his rejection, "The commission upheld the decision of the returning Officer that your nomination has not complied with law as per the application of Section 90 (1) (e) of the 1997 Constitution of the Republic of The Gambia.”

After his rejection, Sabally raised a series of questions challenging the Commission’s decision and seeking information on the appeals process.

Following his departure from the Commission’s premises, a UDP supporter identified as Mr Chatty was shown on video being allegedly brutally attacked by a group of PIU officers.

NHRC Condemns Police Use of Tear Gas

In the aftermath of the 4th December 2021 incident, PIU officers were previously condemned by the National Human Rights Commission (NHRC) over a viral video showing two police officers goading UDP supporters to come out and be tear-gassed. This followed the use of tear gas by PIU officers at the residence of UDP leader Lawyer Ousainu Darboe.

In a press release dated 7th December 2021, the NHRC stated that it “condemns the unfortunate incident involving the use of tear gas and other forms of force and calls on the Police to always exercise maximum restraint in dispersing crowds and managing assemblies.”

On 11th March 2022, the NHRC issued another press statement condemning the police brutality and human rights violations that occurred on 10th March 2022 at the IEC West Coast Region Office in Brikama. The Commission stated:

“It wishes to state in no uncertain terms that no person, in particular law enforcement officers, has the right to torture, beat, injure, or harm another regardless of the provocation. The Commission has also contacted the Office of the Inspector General of Police to raise its concerns. The actions of these police officers are condemnable, inhumane, degrading and, above all, a flagrant violation of human rights.”

Moreover, the Commission noted that it “calls on the Inspector General of Police to immediately identify and bring to book the police officers who are in the video assaulting the civilian. They have violated the law and should therefore be punished accordingly.”

“We wish to call on all political parties with electoral grievances to follow the laid-down laws and seek redress through the courts. The independence of our judiciary has been established, and all political leaders should encourage their supporters to respect the Constitution and other relevant laws,” said the NHRC.

According to the Commission, having a group of officers acting contrary to the spirit of established guidelines is both disheartening and disturbing.

UDP Leader Darboe and Momodou Sabally

Victim Center Condemns Police Brutality

The Gambia Center for Victims of Human Rights Violations also condemned the actions of PIU officers against civilians in a press release issued on 14th March 2022.

The Victim Center stated that the act of brutality is “totally unacceptable and deserves absolute condemnation in the strongest terms, and we are urging the Gambia Police Force to have clear guidelines on the use of tear gas against civilians. This incident was superseded by similar incidents where the PIU resorted to the use of tear gas when the circumstances could have been controlled using other police tactics.”

“The Victim Center is dismayed by this brutality on civilians and cannot let it go without expressing the irresponsibility of the PIU officers using tear gas to disperse crowds, especially during the ongoing security sector reforms in the country as part of the Transitional Justice process,” said the Victim Center in a press release dated 14th January 2022.

According to the release, the manner in which officers handled civilians was unjustified and constituted a grave human rights violation. However, the Victim Center and the community of victims called on the Inspector General of Police (IGP) and the NHRC “to investigate the circumstances that led to this incident and for the perpetrators to be dealt with by the due process of the law. Dismayed by this brutality on civilians and cannot let it go without expressing the irresponsibility of the PIU officers using tear gas to disperse crowds, especially during the ongoing security sector reforms in the country as part of the Transitional Justice process.”

UDP’s Darboe Condemns IEC’s Rejection

Shortly after the rejection of NA aspirant Momodou Sabally by the IEC Returning Officer in Brikama, the Secretary General and Party Leader of the UDP, Lawyer Ousainu ANM Darboe, called an emergency press conference at his residence at 6pm to address what he described as the unlawful rejection.

“You can see that this returning officer first usurped the function of the Supreme Court to reject Mr Sabally’s nominations. Secondly, the reasons why Mr Sabally could be disqualified from contesting elections are not contained in the report of the (Janneh) commission. And this is, in fact, confirmed by the white paper, which says that all the money that Mr Sabally has alleged to have taken should be recovered from the assets of the former president, Jammeh. Why ban him?” asked Lawyer Darboe.

Further elaborating on Sabally’s position regarding the White Paper, Lawyer Darboe said:

“The government's white paper does not talk of Mr Sabally having acquired, accessed unlawfully, or defrauded the state or acted in a manner inimical to the state or abused office or misused office, never. The government white paper also doesn’t say so.”

“One thing I know is that Mr Sabally's rejection is wrong; the person who took it upon himself to interpret the law is wrong; he has no authority to do so.” He concluded.

Momodou Sabally challenges IEC Decision in Court

Defiant Sabally Vows to Fight Against Injustice

Momodou Sabally later spoke on a platform he described as the “Justice for Sabally Forum,” which he said is a non-partisan platform set up for truth and justice. The audio, which has gone viral, expressed his dissatisfaction with the decision of the IEC Returning Officer in Brikama, Mr. Anthony Secka.

Mr Secka rejected Sabally’s nomination on Thursday, 10th March 2022, based on Section 90 (1) (e) of the 1997 Constitution. However, Sabally stated:

"It's quite obvious that Anthony Secka, the returning officer for the IEC in the West Coast region, has no authority whatsoever to reject my nomination and the way and manner in which it happens in an election cycle where every candidate who submits his papers is just given a receipt, and then the IEC retreats for a day or two to come out with a decision.”

According to Sabally, the rejection of his nomination was premeditated and calculated between the IEC and the Gambian government led by President Adama Barrow. He said he appealed against the decision of the IEC as required by their rules within 48 hours.

“When I wrote my appeal, they responded to me in less than 24 hours in two sentences that they have upheld the decision of Anthony Secka, the corrupt Returning Officer of the IEC at the West Coast Region, without even giving me any further reason. After I had written to them with more than three pages of facts and legal arguments, they ignored everything and just said they have upheld the decision of the returning officer.” He lamented.

Momodou Sabally vowed that he is not stepping back:

“I'm not surrendering. I'm going to fight for my rights. I'm going to show Adama Barrow that he does not own this country. This country belongs to all of us as Gambians, and we shall continue to strive, as preached in our national anthem, that let justice guide our actions towards the common good.”

Mr Sabally attempted to challenge the IEC’s decision in court but ultimately lost in April 2022 when the court sided with the IEC and ruled against his decision. Eventually Sabbaly joined the National People’s Party (NPP) and became a presidential advisor.

This was after Sabally’s Janneh Commission mention was legally struck out through the publication of a Gazette. Since then he has become a strong supporter of the NPP, whom he previously pledged to oppose as a UDP supporter.